Resolution 2015-35 - Laserfiche WebLink

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9. Termination. This Agreement shall terminate and become void and of no force or effect upon the City if, by June 30, 2016, Company has not completed the project (as evidenced by a successful final inspections for the Project); or should fail to comply with any City code. 10. Business Termination. In the event that, within five (5) years of the commencement of occupancy at the Project Location (as determined by the date of issuance of the certificate of occupancy for the Project), the Company ceases operations at the Project Location, Company shall pay to the City a portion of the total amount of fees and taxes which were due and payable to the City but were rebated by the City to Company, as well as reimburse the City for any funds provided to Company pursuant to this Agreement. For each full month the Company and /or its successors and assigns, cease operations at the Project Location, the City shall receive back 1.67% of the foregoing amounts. 11 Subordination. The City's obligations pursuant to this Agreement are subordinate to the City's obligations for the repayment of any current or future bonded indebtedness and are contingent upon the existence of a surplus in sales and use tax revenues in excess of the sales and use tax revenues necessary to meet such existing or future bond indebtedness. The City shall meet its obligations under this Agreement only after the City has satisfied all other obligations with respect to the use of sales tax revenues for bond repayment purposes. For the purposes of this Agreement, the terms "bonded indebtedness," "bonds," and similar terms describing the possible forms of indebtedness include all forms of indebtedness that may be incurred by the City, including, but not limited to, general obligation bonds, revenue bonds, revenue anticipation notes, tax increment notes, tax increment bonds, and all other forms of contractual indebtedness of whatsoever nature that is in any way secured or collateralized by sales and use tax revenues of the City. 12.Annual Appropriation. Nothing in this Agreement shall be deemed or construed as creating a multiple fiscal year obligation on the part of the City within the meaning of Colorado Constitution Article X, Section 20 or any other constitutional or statutory provision, and the City's obligations hereunder are expressly conditional upon annual appropriation by the City Council, in its sole discretion. Company understands and agrees that any decision of City Council to not appropriate funds for payment shall be without penalty or liability to the City and, further, shall not affect, impair, or invalidate any of the remaining terms or provisions of this Agreement. 13. Governing Law: Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. This Agreement shall be subject to, and construed in strict accordance with, the Louisville City Charter and the Louisville Municipal Code. In the event of a dispute Page 4 of 6